Kathmandu, December 2
The Supreme Court on Monday issued a show-cause order in response to a writ petition filed against the Office of the Attorney General’s decision not to prosecute the Hope Fertility and IVF Centre, which is under investigation for allegedly extracting the eggs of minors illegally.
During Monday’s hearing, the court gave the petition priority and issued the show-cause order.
Advocate Ankita Tripathi filed the writ at the Supreme Court on Sunday, naming the Kathmandu District Government Attorney’s Office, the Office of the Attorney General, the High Government Attorney’s Office in Lalitpur, and the Central Investigation Bureau (CIB) as respondents.
The writ states, “Falsifying the age of minors, without parental consent, sedating them, denying food and water for more than nine hours, and inserting needle-like medical instruments through the vaginal route to extract eggs from their ovaries falls under the category of rape.”
Citing Section 219(3) of the Criminal Code, 2017, which states that forcing the insertion of any object other than a sexual organ into the vagina also constitutes rape, the petitioner argued that medical instruments such as cannulas and needles fall within this definition.
Attorney General Sabita Bhandari had earlier decided not to file a case, arguing that the minors had misrepresented their age and that there was no legal basis for prosecution in such incidents.
The writ demands the annulment of that decision, calling it an “abuse of authority and arbitrary.”
According to the writ, investigations have shown that the minors were not informed about the nature of the procedure, its risks, long-term health impacts, or their bodily rights. It states that their vulnerabilities were exploited and their eggs were removed secretly and in an exploitative manner.
“Although the Attorney General has the ultimate authority to decide whether or not to prosecute, this authority must be based on the findings of an impartial investigation, not on personal discretion,” the writ reads. “Releasing individuals found culpable by investigation solely based on the Attorney General’s preference goes against constitutional principles.”
The writ also demands that the decision not to prosecute be overturned and that an order be issued to file charges after assessing the physical, mental, and reproductive harm caused to the minors.
It states, “We request an order of mandamus to nullify the decision not to prosecute and to proceed under the prevailing laws with action against the respondents for unlawful confinement, child-related offences, rape, document-related offences, and all other criminal acts committed against us, and to file the charge sheet as soon as possible.”
